【新唐人2012年9月14日讯】重庆前市委书记薄熙来和前公安局长王立军，在“重庆打黑”的过程中制造了许多冤假错案。近来，这些在“打黑”中蒙冤被劳教的人士透过律师进行了申诉，其中，重庆市民彭洪获得所谓的“平反”。律师认为，薄、王错误的政策，牵累不少无辜百姓，而违背立法精神、随意抓人的“劳教制度”，他希望能够废除。。
重庆市民彭洪三年前因为在网路论坛转贴漫画，讽刺重庆打黑，却因此被抓，“劳教”两年。出狱后，彭洪受到另一件文字狱冤案成功平反的鼓励，今年年初，他也到法院申诉，最初遭到法院的拒绝，但是在媒体曝光的压力下，重庆市劳动教育委员会9月10号发给彭洪“撤销劳动教养决定”书。重庆市的决定书说，经复查，对彭洪的原劳动教养决定“不当”。
彭洪的律师雷登峰介绍说，大约三年前，彭洪在中国网站论坛上转贴一张关于重庆打黑的图片，他在图片上加一句“这把伞好怪呦”作为题目。公安机关竟以“诽谤罪”，将彭洪抓进劳教所，判了两年“劳动教养”。
重庆律师雷登峰：“当时彭洪因为恐惧，没有去公安局说明情况。当时警察也没有上门找他。大概过了一两个月之后，当时因为王立军有一些强迫性的命令，要求必须破多少案子，抓多少所谓坏人，某些警察可能是为了完成任务，就想起这个事情，就过来把他抓进去填充人数。”
彭洪被劳动教养两年，去年(2011年)9月期满被释放。今年年初，因讽刺薄熙来而遭文字狱的方竹笋案件被平反之后，他意识到应该用法律的武器维护自己的权利，因此找到雷登峰律师。
雷登峰：“我帮他上法院去起诉，当时法院因为他没有劳动教养决定书，就没有受理。新闻媒体知道后进行报导，报导之后，公安机关内部进行复核，认为这个案件确实是一个错误的案件。他们就撤销了他们当时作出的劳动教养决定。相当于是进行了一个平反。”
彭洪被抓，全家受苦。他的妻子当时怀孕6个月，却拖着身孕四处帮彭洪寻找律师，女儿出生后，彭洪第一次和女儿见面竟然是在看守所里。
律师说，接下来他们要申请赔偿。根据规定，赔偿标准依据去年国有企业年均收入，每天大约是162元，彭洪被劳教两年，应该获得赔偿大约11万3千元。
雷登峰介绍，还有两三名在“打黑”当中蒙冤被劳教的人士找到他，希望帮助他们进行申诉。但是因为已经过了中国法律规定的两年追溯期，雷登峰表示，可能很难进行申诉。
雷登峰：“ 当时王立军错误的政策，肯定牵涉的无辜的人是不少的。关于劳教这一块，彭洪当时2009年的时候，他已经是3千多号了。推测全年至少是4千来人。”
雷登峰表示，他希望通过彭洪的个案来推动“废除劳教制度”。他说，从彭洪的个案当中，可以看出劳教的过于随意和扩大化，劳教存在的本身，却违背中国的《宪法》和《立法法》，总体来说，劳教不合法。他希望“劳教制度”能够废除。
采访编辑/秦雪 后制/萧宇
Chongqing Resident Arrested for Criticizing “ Anti-Triad”
Campaign Online Rehabilitated
In initializing the “anti-triad” campaign in Chongqing,
Bo Xilai and Wang Lijun created a large number of cases of miscarriage of justice.
Recently, some of the victims who were unjustly put into labor
camp have lodged appeals through lawyers,
and a Chongqing civilian, Peng Hong, has been rehabilitated.
Peng’s lawyer remarked that, many innocent civilians were
involved in Bo and Wang’s political campaign;
the illegal system of “re-education through labor” which
authorizes the government to arrest anyone should be abolished.
Peng Hong, a Chongqing resident, was arrested three years
ago because he posted a satirical comic which
criticized the “anti-triad” campaign on the Internet.
He was later sentenced to a two-year labor camp term.
After being released, Peng Hong was encouraged by another
similar case which had been rehabilitated earlier
and decided to lodge an appeal at the beginning of 2012.
Although the court refused to deal with his appeal at first,
the governmental agency later changed it’s mind under
pressure from media reports.
On September 10th, Chongqing Labor Re-education
Committee issued a written statement to rescind his sentence.
The written statement said that, after reexamination the
previous sentence of re-education on Peng Hong was found to be inappropriate.
Peng Hong’s lawyer Lei Dengfeng introduced evidence that,
three years ago Peng Hong re-posted an existing comic about
Chongqing’s “anti-triad” campaign named “protection umbrella” on a Chinese forum.
Peng had added the words “what a strange umbrella!” to
the picture by himself.
Just because of this, Peng Hong was arrested and put into
labor camp by the public security bureau for an act of “defamation”.
(Lei Dengfeng): ”At that time Peng Hong was scared and
didn’t go to the public security bureau to explain the situation.
Nobody had visited him, either.
About one or two months later,
Wang Lijun issued an order which mandatory required
a minimum number of cases solved or the criminals arrested in a limited time.
Probably it was Wang Lijun’s command which drove the police
to arrest him just to accomplish the task by the deadline.”
After spending two years in labor camp, Peng Hong was
released in September, 2011.
In early 2012, Peng heard that another Chongqing resident
Fang Zhusun who was arrested for criticizing Bo Xilai on his microblog, had been rehabilitated.
He realized that he should also protect his rights with law
and consequently asked lawyer Lei Dengfeng to lodge his appeal.
(Lei Dengfeng):”When I first visited the court the appeal
was not accepted since there is no official proof of his labor re-education sentence.
This news was later reported by the media.
After that, the public security system made a reexamination
of his case and finally concluded that the sentence had been a mistake.
Therefore they rescinded the sentence on him,
this can be regarded as rehabilitation.”
Peng Hong’s family suffered a lot from this unjust sentence.
When Peng was arrested, his wife had to look for a lawyer
for him despite the fact that she was six-months pregnant at that time.
After Peng’s daughter was born, he had to plan the first
meeting with his baby in prison.
Peng’s lawyer also said that they would appeal for
compensation as soon as possible.
According to the law, the amount of compensation should be
calculated according to the average annual income of
state-owned company employees in the last year,
which was around 162 Yuan per day.
Following this standard, Peng should obtain compensation
of 113,000 Yuan for his two-year sentence in labor camp.
Lei Dengfeng also mentioned that several other victims
of injustice cases during the “anti-triad” campaign had visited him for help.
However, since those cases have been beyond the two-year
accepted period of legal memory,
it will be very difficult to lodge a successful appeal.
(Lei Dengfeng):”Wang Lijun’s evil policy has definitely harmed
a lot of innocent people.
Peng Hong was numbered over 3000 when he was sentenced
in 2009 so we can estimate that
the annual amount of people put into labor camps
easily exceeds 4000.”
Lei Dengfeng said that he hoped to push for abolishment
of the labor re-education system through Peng Hong’s case,
which tells us that the decision to sentence to
re-education through labor can be arbitrarily made.
Lei concludes that the labor re-education system itself
is illegal and violates the Constitution and the statutory law.
Therefore he hopes that the system
will be abolished in the future in China.
重庆市民彭洪三年前因为在网路论坛转贴漫画，讽刺重庆打黑，却因此被抓，“劳教”两年。出狱后，彭洪受到另一件文字狱冤案成功平反的鼓励，今年年初，他也到法院申诉，最初遭到法院的拒绝，但是在媒体曝光的压力下，重庆市劳动教育委员会9月10号发给彭洪“撤销劳动教养决定”书。重庆市的决定书说，经复查，对彭洪的原劳动教养决定“不当”。
彭洪的律师雷登峰介绍说，大约三年前，彭洪在中国网站论坛上转贴一张关于重庆打黑的图片，他在图片上加一句“这把伞好怪呦”作为题目。公安机关竟以“诽谤罪”，将彭洪抓进劳教所，判了两年“劳动教养”。
重庆律师雷登峰：“当时彭洪因为恐惧，没有去公安局说明情况。当时警察也没有上门找他。大概过了一两个月之后，当时因为王立军有一些强迫性的命令，要求必须破多少案子，抓多少所谓坏人，某些警察可能是为了完成任务，就想起这个事情，就过来把他抓进去填充人数。”
彭洪被劳动教养两年，去年(2011年)9月期满被释放。今年年初，因讽刺薄熙来而遭文字狱的方竹笋案件被平反之后，他意识到应该用法律的武器维护自己的权利，因此找到雷登峰律师。
雷登峰：“我帮他上法院去起诉，当时法院因为他没有劳动教养决定书，就没有受理。新闻媒体知道后进行报导，报导之后，公安机关内部进行复核，认为这个案件确实是一个错误的案件。他们就撤销了他们当时作出的劳动教养决定。相当于是进行了一个平反。”
彭洪被抓，全家受苦。他的妻子当时怀孕6个月，却拖着身孕四处帮彭洪寻找律师，女儿出生后，彭洪第一次和女儿见面竟然是在看守所里。
律师说，接下来他们要申请赔偿。根据规定，赔偿标准依据去年国有企业年均收入，每天大约是162元，彭洪被劳教两年，应该获得赔偿大约11万3千元。
雷登峰介绍，还有两三名在“打黑”当中蒙冤被劳教的人士找到他，希望帮助他们进行申诉。但是因为已经过了中国法律规定的两年追溯期，雷登峰表示，可能很难进行申诉。
雷登峰：“ 当时王立军错误的政策，肯定牵涉的无辜的人是不少的。关于劳教这一块，彭洪当时2009年的时候，他已经是3千多号了。推测全年至少是4千来人。”
雷登峰表示，他希望通过彭洪的个案来推动“废除劳教制度”。他说，从彭洪的个案当中，可以看出劳教的过于随意和扩大化，劳教存在的本身，却违背中国的《宪法》和《立法法》，总体来说，劳教不合法。他希望“劳教制度”能够废除。
采访编辑/秦雪 后制/萧宇
Chongqing Resident Arrested for Criticizing “ Anti-Triad”
Campaign Online Rehabilitated
In initializing the “anti-triad” campaign in Chongqing,
Bo Xilai and Wang Lijun created a large number of cases of miscarriage of justice.
Recently, some of the victims who were unjustly put into labor
camp have lodged appeals through lawyers,
and a Chongqing civilian, Peng Hong, has been rehabilitated.
Peng’s lawyer remarked that, many innocent civilians were
involved in Bo and Wang’s political campaign;
the illegal system of “re-education through labor” which
authorizes the government to arrest anyone should be abolished.
Peng Hong, a Chongqing resident, was arrested three years
ago because he posted a satirical comic which
criticized the “anti-triad” campaign on the Internet.
He was later sentenced to a two-year labor camp term.
After being released, Peng Hong was encouraged by another
similar case which had been rehabilitated earlier
and decided to lodge an appeal at the beginning of 2012.
Although the court refused to deal with his appeal at first,
the governmental agency later changed it’s mind under
pressure from media reports.
On September 10th, Chongqing Labor Re-education
Committee issued a written statement to rescind his sentence.
The written statement said that, after reexamination the
previous sentence of re-education on Peng Hong was found to be inappropriate.
Peng Hong’s lawyer Lei Dengfeng introduced evidence that,
three years ago Peng Hong re-posted an existing comic about
Chongqing’s “anti-triad” campaign named “protection umbrella” on a Chinese forum.
Peng had added the words “what a strange umbrella!” to
the picture by himself.
Just because of this, Peng Hong was arrested and put into
labor camp by the public security bureau for an act of “defamation”.
(Lei Dengfeng): ”At that time Peng Hong was scared and
didn’t go to the public security bureau to explain the situation.
Nobody had visited him, either.
About one or two months later,
Wang Lijun issued an order which mandatory required
a minimum number of cases solved or the criminals arrested in a limited time.
Probably it was Wang Lijun’s command which drove the police
to arrest him just to accomplish the task by the deadline.”
After spending two years in labor camp, Peng Hong was
released in September, 2011.
In early 2012, Peng heard that another Chongqing resident
Fang Zhusun who was arrested for criticizing Bo Xilai on his microblog, had been rehabilitated.
He realized that he should also protect his rights with law
and consequently asked lawyer Lei Dengfeng to lodge his appeal.
(Lei Dengfeng):”When I first visited the court the appeal
was not accepted since there is no official proof of his labor re-education sentence.
This news was later reported by the media.
After that, the public security system made a reexamination
of his case and finally concluded that the sentence had been a mistake.
Therefore they rescinded the sentence on him,
this can be regarded as rehabilitation.”
Peng Hong’s family suffered a lot from this unjust sentence.
When Peng was arrested, his wife had to look for a lawyer
for him despite the fact that she was six-months pregnant at that time.
After Peng’s daughter was born, he had to plan the first
meeting with his baby in prison.
Peng’s lawyer also said that they would appeal for
compensation as soon as possible.
According to the law, the amount of compensation should be
calculated according to the average annual income of
state-owned company employees in the last year,
which was around 162 Yuan per day.
Following this standard, Peng should obtain compensation
of 113,000 Yuan for his two-year sentence in labor camp.
Lei Dengfeng also mentioned that several other victims
of injustice cases during the “anti-triad” campaign had visited him for help.
However, since those cases have been beyond the two-year
accepted period of legal memory,
it will be very difficult to lodge a successful appeal.
(Lei Dengfeng):”Wang Lijun’s evil policy has definitely harmed
a lot of innocent people.
Peng Hong was numbered over 3000 when he was sentenced
in 2009 so we can estimate that
the annual amount of people put into labor camps
easily exceeds 4000.”
Lei Dengfeng said that he hoped to push for abolishment
of the labor re-education system through Peng Hong’s case,
which tells us that the decision to sentence to
re-education through labor can be arbitrarily made.
Lei concludes that the labor re-education system itself
is illegal and violates the Constitution and the statutory law.
Therefore he hopes that the system
will be abolished in the future in China.
